Public-domain · open source
OpenJurist

36 Ga. 76

Howell v. Lee

Supreme Court of Georgia

Decided June 15, 1867

Supreme Court of Georgia · decided 1867-06-15

Motion to dissolve injunction. Decided by Judge Worrell. Superior Court of Muscogee County. November Term, 1866.

Cited by 1 later decisions — most recently June 1899

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-06-15

View the full empirical analysis of this case →

Harris, J.

¶1Notwithstanding the repeated decisions, from the very establishment of the Court itself, it seems very difficult to eradicate a prevalent but mistaken idea with members of the bar, that upon the coming in of the answer of a defendant, and swearing off (as it is called in common parlance,) the equity of complainant’s bill, the injunction in the cause will, as a matter of course, be dissolved. The granting and the dissolution of injunctions must ever remain matters for the careful and sound discretion of the Judges of the Superior Courts. Injunctions are the most efficient instruments known to jurisprudence with which to enforce right and to protect against present or prospective wrong.

¶2This Court is always reluctant to interfere, by ordering a dissolution, when the Judge below has refused such motion. *85It will interfere whenever it is manifest to it that the discretion was abused or unsoundly exercised. We do not think the refusal here calls for a reversal.

¶3Judgment affirmed.

/36/ga/76 · .json · Public domain